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Important Questions to Ask Your Family Lawyer About the Divorce Process

Last updated 6 years ago

Divorce can be a painful and emotionally-charged process. An attorney can be an excellent advocate on your behalf, but you will want to ask some questions about the divorce process and the lawyer’s experience. Here are some important questions you should ask before hiring any family lawyer:

What Is Involved in the Divorce Process?

California law provides for “no fault” divorces. This means that you do not have to prove that your spouse did something wrong to end the marriage. Divorces range in complexity depending on your assets, whether you have minor children, and whether your spouse is in agreement about ending the marriage.

What Documents Do You Need From Me?

Your lawyer will need documents from you to help prepare your paperwork and begin the divorce proceedings. Keeping these documents organized and getting them to your lawyer in a timely manner will help make the process a bit smoother.

How Much Family Law Experience Do You Have?

All attorneys are required to pass the bar exam, but that does not automatically qualify them to handle your divorce. Also, some lawyers practice exclusively in other fields of law and have no experience in divorce cases. Family law is a specialized field, and you need an attorney who is well-versed in divorce law.

Do You Know My Spouse?

Attorneys are not allowed to represent parties if they have a conflict of interest. In family law cases, if your attorney has represented your spouse, they will likely be conflicted from representing you. It is best for all parties involved to learn this as soon as possible.

How Do You Handle Fees?

Lawyers will often charge you a retainer fee and an hourly billing fee. It is important to ask questions about the hourly rate and how often you will be billed.

Are you considering filing for divorce? At Moreno Family Law, we focus on family law cases, including divorce, child custody, and support issues in San Jose. Call (408) 266-9011 to schedule a consultation and learn how we can help.


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.


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